§ 24.104   Partitioning and disaggregation.

   Nationwide,  regional,  and MTA licensees may apply to partition their
   authorized geographic service area or disaggregate their authorized spectrum
   at any time following grant of their geographic area authorizations.

   (a) Application required. Parties seeking approval for partitioning and/or
   disaggregation shall apply for partial assignment of a license pursuant to
   § 1.948 of this chapter.

   (b) Partitioning. In the case of partitioning, applicants and licensees must
   file  FCC Form 603 pursuant to § 1.948 of this chapter and describe the
   partitioned service area on a schedule to the application. The partitioned
   service area shall be defined by up to 120 sets of geographic coordinates at
   points  at every 3 degrees azimuth from a point within the partitioned
   service area along the partitioned service area boundary unless either an
   FCC-recognized service area is used (e.g., MEA or EA) or county lines are
   followed.  The  geographical coordinates must be specified in degrees,
   minutes, and seconds to the nearest second latitude and longitude, and must
   be based upon the 1983 North American Datum (NAD83). In the case where
   FCC-recognized service areas or county lines are used, applicants need only
   list the specific area(s) through use of FCC designations or county names
   that constitute the partitioned area.

   (c) Disaggregation. Spectrum may be disaggregated in any amount.

   (d)  Combined partitioning and disaggregation. Licensees may apply for
   partial  assignment  of  authorizations  that  propose combinations of
   partitioning and disaggregation.

   (e) License term. The license term for a partitioned license area and for
   disaggregated spectrum shall be the remainder of the original licensee's
   license term as provided for in § 1.955 of this chapter.

   (f) Coverage requirements for partitioning. (1) Parties to a partitioning
   agreement must satisfy at least one of the following requirements:

   (i) The partitionee must satisfy the applicable coverage requirements set
   forth in § 24.103 for the partitioned license area; or

   (ii) The original licensee must meet the coverage requirements set forth in
   § 24.103 for the entire geographic area. In this case, the partitionee must
   meet  only  the  requirements for renewal of its authorization for the
   partitioned license area.

   (2) Parties seeking authority to partition must submit with their partial
   assignment application a certification signed by both parties stating which
   of the options they select.

   (3) Partitionees must submit supporting documents showing compliance with
   their coverage requirements as set forth in § 24.103.

   (4) Failure by any partitionee to meet its coverage requirements will result
   in automatic cancellation of the partitioned authorization without further
   Commission action.

   (g)  Coverage  requirements  for  disaggregation.  (1)  Parties  to  a
   disaggregation  agreement  must  satisfy at least one of the following
   requirements:

   (i) Either the disaggregator or disaggregatee must satisfy the coverage
   requirements set forth in § 24.103 for the entire license area; or

   (ii) Parties must agree to share responsibility for meeting the coverage
   requirements set forth in § 24.103 for the entire license area.

   (2) Parties seeking authority to disaggregate must submit with their partial
   assignment application a certification signed by both parties stating which
   of the requirements they select.

   (3) Disaggregatees must submit supporting documents showing compliance with
   their coverage requirements as set forth in § 24.103.

   (4) Parties that accept responsibility for meeting the coverage requirements
   and later fail to do so will be subject to automatic license cancellation
   without further Commission action.

   [ 65 FR 35853 , June 6, 2000]

   Effective Date Note: At  65 FR 35853 , June 6, 2000, § 24.104 was added. This
   section contains information collection and recordkeeping requirements and
   will not become effective until approval has been given by the Office of
   Management and Budget.

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